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26 Cards in this Set
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Area 4: Related Laws
Duty to Report Child Abuse 2. Who should be reported to? |
If acting in an "official or professional capacity": 2. Report IMMEDIATELY to public children services agency or municipal county peace officer in the county in which the child resides or where the abuse/neglect has occurred or is occurring |
(A) (1) (a) No person described in division (A)(1)(b) of this section who is acting in an official or professional capacity and knows or suspects that a child under eighteen years of age or a mentally retarded, developmentally disabled, or physically impaired child under twenty-one years of age has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child, shall fail to immediately report that knowledge or suspicion to the entity or persons specified in this division. Except as provided in section 5120.173 [5120.17.3] of the Revised Code, the person making the report shall make it to the public children services agency or a municipal or county peace officer in the county in which the child resides or in which the abuse or neglect is occurring or has occurred. In the circumstances described in section 5120.173 [5120.17.3] of the Revised Code, the person making the report shall make |
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Duty to Report Child Abuse
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- Attorney, Physician (including hospital intern or resident), Dentist, Podiatrist, Practitioner of a limited branch of medicine, RN, LPN, Visiting nurse, or other health care professional, Licensed psychologist, Licensed school psychologist,Independent MFT or MFT, Speech pathologist or audiologist, coroner, admin or employee of child day-care center, residential camp or day camp, certified child careagency, or other private children services agency, schoolteacher/ employee or authority, social work or professional counseling, county humane society, spiritual tx in accordance w/ tenets of a well-recognized religion, superintendent, board member, employee or investigative agent of county board of mental retardation, or employee of deptartment of mental retardation and developmental disabilities |
(b) Division (A)(1)(a) of this section applies to any person who is an attorney; physician, including a hospital intern or resident; dentist; podiatrist; practitioner of a limited branch of medicine as specified in section 4731.15 of the Revised Code; registered nurse; licensed practical nurse; visiting nurse; other health care professional; licensed psychologist; licensed school psychologist;independent |
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Duty to Report Child Abuse
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If the physician or attorney could NOT testify w/ respect to that communication in a civil or criminal proceeding, EXCEPT if client has waived testimonial privilege with respect to that communication & if ALL of the following apply: |
(2) An attorney or a physician is not required to make a report pursuant to division (A)(1) of this section concerning any communication the attorney or physician receives from a client or patient in an attorney-client or physician-patient relationship, if, in accordance with division (A) or (B) of section 2317.02 of the |
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Duty to Report Child Abuse
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1. Report "forthwith" by phone or in-person, followed by written report if requested by agency/officer
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(C) Any report made pursuant to division (A) or (B) of this section shall be made forthwith either by telephone or in person and shall be followed by a written report, if requested by the receiving agency or officer. The written report shall contain: |
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Duty to Report Child Abuse
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NO |
(G) (1) (a) Except as provided in division (H)(3) of this section, anyone or any hospital, institution, school, health department, or agency participating in the making |
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Duty to Report Abuse Neglect or Exploitation of an ADULT
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1. If required reporter and... |
having reasonable cause to believe that an adult is being abused, neglected, or exploited, or is in a condition which is the result of abuse, neglect, or exploitation shall immediately report such belief to the county department of job and family services. |
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Duty to Report Abuse Neglect or Exploitation of an Adult
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Attorney, physician, osteopath, podiatrist, chiropractor, dentist, psychologist, nurse, employee of a hospital, ambulatory health facility, home health agency, adult care facility community alternative home, community mental health facility, nursing home, or residential care facility, or home for the aging, senior service provider, peace officer, coroner, clergyman, and any person engaged in social work or counseling |
Any attorney, physician, osteopath, podiatrist, chiro, dentist, psychologist, any employee of a hospital as defined in section 3701.01 of the Revised Code, any nurse licensed under Chapter 4723. of the Revised Code, any employee of an ambulatory health facility, any employee of a home health agency, any employee of |
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Duty to Report Abuse Neglect or Exploitation of an Adult
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1. Orally, or in writing if requested |
(C) The reports made under this section shall be made orally or in writing except that |
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Duty to Report Abuse Neglect or Exploitation of an Adult
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NO - any person w/ "reasonable cause" to believe an adult is suffering abuse, neglect, or exploitation who makes a report or testifies (or any employee of the state/subdivisions who is discharging responsibilities under this section of the revised code) shall be immune from civil and criminal liability EXCEPT liability for perjury (unless person has acted in bad faith or with malicious purposes) |
(D) Any person with reasonable cause to believe that an adult is suffering abuse, neglect, or exploitation who makes a report pursuant to this section or who testifies in any administrative or judicial proceeding arising from such a report, or any employee of the state or any of its subdivisions who is discharging responsibilities under section 5101.62 of the Revised Code shall be immune from civil or criminal liability on account of such investigation, report, or testimony, except liability for |
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Duty to Report Abuse, Neglect, Exploitation of an ADULT
What are the - Adult Protective Services Definitions for: "Abuse" "Adult" "Neglect"
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"Abuse" - The infliction by self or others of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish.
"Adult" - Any person 60 years or older within the state who is handicapped by infirmities of aging -or- has a mental/physical impairment which prevents the person from providing for his/her own care/protection -and- who reside in an "independent living arrangement" (a domicile of the person's choosing such as home, apartment, trailer, rooming house, etc; does NOT include institution or facility licensed by the state or facility or lives in as a result of voluntary, civil, or criminal commitment).
"Neglect" - failure of an adult to provide for self the goods or services necessary to avoid physical harm, mental anguish, or mental illness -or- failure of a caretaker to provide such goods and services. |
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Immunity of Mental Health Professional or Organization as to Violent Behavior by the Client or Patient
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an individual who is receiving mental health services from a mental health professional or organization |
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Immunity of Mental Health Professional or Organization as to Violent Behavior by the Client or Patient
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an organization that engages one or more mental health professionals to provide mental health services to one or more mental health clients or patients |
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Immunity of Mental Health Professional or Organization as to Violent Behavior by the Client or Patient
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an individual who is licensed, certified, or registered under the Revised Code, or otherwise authorized in this state, to provide mental health services for compensation, remuneration, or other personal gain… |
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Area 4: Related Laws
Immunity of Mental Health Prof. or Organization as to Violent Behav by the Client or Patient
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an individual who has reason to believe that a mental health client or pt has the intent and ability to carry out an explicit threat of inflicting imminent and serious physical harm to or causing the death of a clearly identifiable potential victim or victims and who is either an immediate family member of the client or patient or an individual who otherwise personally knows the client or patient |
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Immunity of Mental Health Prof. or Organization as to Violent Behav by the Client
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YES, |
(2) For the purpose of this section, in the case of a threat to a readily identifiable structure, "clearly identifiable potential victim" includes any potential occupant of the |
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Immunity of Mental Health Professional or Organization as to Violent Behavior by the Client
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ONLY if... 2. Professional or org. has reason to believe client has ABILITY & INTENT to carry out threat 3. Professional or org. FAILS to take one or more actions in a TIMELY manner |
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What action(s) should a professional or org. take if informed of a threat to others AND believes the client has ability and intent to carry out threat? |
1. Hospitalize on an emergency basis |
(1) Exercise any authority the professional or organization possesses to hospitalize the client or patient on an emergency basis pursuant to section 5122.10 of the |
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Area 4: Related Laws |
1. Consider each of the alternatives and DOCUMENT reasons for choosing or rejecting EACH alternative |
(C) All of the following apply when a mental health professional or organization takes one or more of the actions set forth in divisions (B)(1) to (4) of this section: |
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Is the mental health professional or organization liable in damages in a civil action if actions are taken in case of a threat of violent behavior by a client? |
NO - not liable, and NOT subject to disciplinary action by any entity with licensing or other regulatory authority for disclosing any confidential information about the client that is disclosed for the purpose of taking any actions |
(4) The mental health professional or organization is not liable in damages in a civil |
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If you are aware, or have "reasonable cause to believe," that a client is a victim of domestic violence, what should you do? |
Document that knowledge or belief, and the basis for it, in the client's records |
(F) (1) Any doctor of medicine or osteopathic medicine, hospital intern or resident, registered or licensed practical nurse, psychologist, social worker, independent social worker, social work assistant, professional clinical counselor, or professional counselor who knows or has reasonable cause to believe that a patient or client has been the victim of domestic violence, as defined in section 3113.31 of the Revised Code, shall note that knowledge or belief and the basis for it in the patient's or client's records. |
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Who is required to document domestic violence in a client's records? |
Any doctor of medicine or osteopathic medicine, hospital intern or resident, RN or LPN, psychologist, social worker, independent social worker, social work assistant, professional clinical counselor, or professional counselor |
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What should you do if a client discloses that he/she has committed a felony? |
1. Report it to law enforcement authorities (if you know that a felony has been, or is being, committed) |
(A) No person, knowing that a felony has been or is being committed, shall knowingly fail to report such information to law enforcement authorities. |
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Is a non-residential parent entitled to access to a child's records? |
YES, entitled to the same access as the residential parent, UNLESS the court determines it would not be in the best interest of the child (court should specify terms and conditions under which the non-residential parent is to have access to records, should enter written findings of facts and opinion in the journal, and issue an order w/ terms & conditions for residential & non-residential parent w/ notice that any keeper of a record who knowingly fails to comply will be in contempt of court!) |
(H) (1) Subject to section 3125.16 and division (F) of section 3319.321 [3319.32.1] of the Revised Code, a parent of a child who is not the residential parent of the child is entitled to access, under the same terms and conditions under which access is |
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If the non-residential parent does NOT have the same access to a child's record as the residential parent, how would a psychologist know? |
The Residential parent shall present the "keeper of the record" with a copy of an order issued by the court that limits the terms & conditions of the non-residential parent to the child's records in question (only permit the non-res parent to have access to the record in accordance with the MOST RECENT presented to the keeper by either the res OR non-res parent) |
(2) Subject to section 3125.16 and division (F) of section 3319.321 [3319.32.1] of |
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1. Who may file a complaint with the court to prevent disclosure of a record to a non-residential parent? |
1. Prosecuting attorney of any county can file a complaint with court of common pleas requesting court to issue a protective order preventing the disclosure "of any confidential law enforcement investigatory record"
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(3) The prosecuting attorney of any county may file a complaint with the court of common pleas of that county requesting the court to issue a protective order |
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Outpatient services for minors without knowledge or consent of parent or guardian rules
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1. 14 years old, may provide outpatient mental health services, excluding the use of medication without the consent/knowledge of adult
2. unless the mental health professional determines that there is a need for disclosure (e.g. harm to client or others) - notify minor the intention to inform parents 3. No more than 6 sessions or 30 days of service (whichever occurs sooner) - after which the mental health profession shall terminate, or with consent of minor, notify parent to obtain consent 4. parent shall not be responsible for payment of services 5. does not relieve mental health professional from the obligations of the revised code |
1. Outpatient services for minors without knowledgeor consent of parent or guardian:a. Upon the request of a minor 14 years or older, amental health professional may provide outpatient mental health services,excluding the use of medication, without the consent or knowledge of theminor’s parent or guardian. i. Expectas otherwise provided in this section, the parent or guardian shall not beinformed of the services without the minor’s consent unless the mental healthprofessional treating the minor determines that there is a compelling need fordisclosure based on a substantial probability of harm to the minor or to otherpersons, and if the minor is notified of the mental health professionals’intent to inform the minor’s parentb. Serviced provided to a minor shall be limited tonot more than 6 sessions or 30 days of services, whichever occurs sooner. After the 6th session or 30 days,the MH professional shall terminate the services, or with the consent of theminor, notify the parent to obtain consent to provide further outpatientservicesc. The minors parent or guardian shall not beliable for the costs of services which are received by a minord. Nothing in this section relieves a mental healthprofessional from the obligations of the revised code
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